eroding_beachfront
Eroding defense…

by James A. Bacon

The McDonnell trial resumed yesterday as the prosecution brought in more witnesses to dot i’s and cross t’s on its case that Maureen and Bob McDonnell conspired to grant official favors to Star Scientific President Jonnie Williams Sr. in exchange for more than $150,000 in loans and gifts. There were no big surprises in the day’s testimony, but details emerged that put the spotlight, long focused on Maureen’s outrageous behavior, back on Bob.

We now have a clearer idea of what a drain the real estate investments caused for the first family, which relied primarily upon Bob’s $175,000-a-year governor’s salary to pay its bills. We also have a better idea why Bob was so eager to obtain those $70,000 in real estate loans from Williams.

Last week, I laid out some numbers suggesting that the cost of maintaining McDonnells’ house in the West End of Richmond was costing the family roughly $1,000 more than it could generate in rent.

Yesterday’s testimony alluded to the fact that the McDonnells also owned a propertycalled Blue Ridge Heaven in the Wintergreen mountain resort  — providing more evidence of the family’s financial over-reach. While Wintergreen does rent out privately owned properties, generating some income for absentee owners, it is entirely possible that Blue Ridge Heaven also represented another drain on family finances.

The most interesting testimony came from Michael Uncapher, recently divorced from McDonnells’ sister Maureen. He testified that Bob and sister Maureen had purchased two houses across the street from one another in Virginia Beach as a gathering place for the McDonnell clan. Although they planned to rent the houses, the 2005 purchase was never seen as a money-making investment; the property was primarily for the family’s enjoyment.

Bob’s sister, it transpires, is a successful business executive. According to Uncapher, she earned more than $500,000 in 2012 — a fact the defense elicited to counter the prosecution’s claim that Bob and (wife) Maureen were financially desperate. Her ability to meet her share of the obligations was never in question. Only a few days after Bob accepted loans from Williams, she earned a $70,000 bonus.

The defense seems weak. MoBo Real Estate Partners was experiencing difficulties. Between 2008 and 2012, the business was losing between $50,000 to $60,000 a year. Under cross-examination, Uncapher, who had managed the two properties, conceded that his financial mismanagement contributed to the partnership’s money problems. The partnership borrowed $100,000 from McDonnell’s father John in 2007 and another $50,000 from Dr. Paul Davis, a radiologist in 2009 before borrowing $70,000 more from Williams in 2012. If piling up $220,000 in extra debt over seven years is not a sign of financial desperation, what is?

While many of the first couple’s financial problems can be laid at the doorstep of the free-spending first lady, MoBo was a partnership between Bob McDonnell and his sister, the stated purpose of which was to create a place where the families of brother and sister could enjoy vacation time together. There is nothing in the testimony that wife Maureen had anything to do with that investment. While the circumstances are still unclear, my working hypothesis is that the Virginia Beach real estate investment was Bob’s doing.

I’m surprised the prosecution hasn’t done a better job of piecing together the McDonnell family finances. Maybe we’ll see more testimony as the trial continues. As a juror, I would want to know exactly how much money the McDonnells owned on their Wintergreen, Henrico and Virginia Beach properties, how large their Principal/Interesting/Taxes/Insurance payments were, how much they were spending on maintenance, how much they were generating in rentals, and how big the negative cash flow was. The drain could have been immense, and it could explain a lot of the McDonnells’ behavior.

Update: Subsequent testimony revealed that late fees were imposed 18 times for late payment on the smaller of the two beach house mortgages and 29 times for the larger loan.


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20 responses to “Sands Shift under McDonnell Defense”

  1. isn’t that sorta like saying you have to know how much a thief took to “understand” if he was guilty?

    I’m clearly not understanding the thinking here. I would not need to know how many times the McDonnells engaged in illegal behavior nor the amount involved to determine if they were guilty, myself.

    What’s happened here that you sort of ignored is that the “Maureen did the deed and is not subject to the bribery laws” defense just went up in smoke.

    Bob has been placed directly in the dealings. Maureen (the wife) was quite likely more a willing accomplice than a lone-wolf instigator that Bob was clueless about.

    No fair-minded person in my view could see the evidence of Bob’s direct involvement and then, essentially delude themselves into thinking that if you “understood” him more that it would be “understandable” and absolve him of any guilt?

    I still cannot understand why a former AG – thought choosing a jury trial was not going to get all this stuff into the public eye.

    The Gov and wife were playing high-risk financial games on par with the type of game that Williams was playing.. they met – they liked each others “style” and the rest is history.. and it would probably never come out if the McDonnells agreed to a plea deal.

    That Hat that Bacon is supposed to be eating now has egg drooling off it also!

    Jim Bacon ( and the McDonnells) apparently like the “roll the dice for entire enchilada” strategy – hardly a “conservative” strategy.. eh? Might explain some other “bet the farm” views..

    😉

  2. Unlike you, Larry, who knew the whole truth before the trial began, my opinions evolve as I hear the evidence. I reserve the right to shift my thinking yet again as more evidence comes in!

    1. but you’ve turned into a “denier” guy. How much “evidence’ do you need ?

      at some point – you have to open your eyes to the evidence and stop making excuses that you wish you “understood” McDonnell more before you decide if he was guilty…

      I don’t care if he or she is technically guilty – it does not take a rocket scientist to see what they were doing.

      you keep hoping that they are “technically” – not guilty – because somehow they were drawn into their bad behavior by events and you want to “understand” before concluding they were guilty?

      geeze louise…

  3. Cville Resident Avatar
    Cville Resident

    I know Paul Goldman keeps banging the McDonnell innocence drum, but I think the past couple of days have really set up a conviction unless there’s one hell of a defense coming.

    The problem for McD is just how shady Williams and this product look. Hazel was devastating. It’s one thing if the Governor was promoting something like Smithfield Ham or a legitimate tech firm out of NoVa or Norfolk Southern Rail….it’s quite another to be so deeply involved in promoting what appears to be nothing more than a gimmick product.

    When you add up the financial difficulties and “Antabloc”, it’s going to be awfully difficult to convince the jury that McDonnell really wasn’t a Billy Mays character…hawking dubious products with his official seal in exchange for secret $$$ that even his Chief of Staff did not know about….

    1. Actually if there is one single person on the Jury that thinks like Jim Bacon, I predict a hung jury or the rest of the Jury charged with assault!

      😉

    2. If I were the McDonnell defense team I’d call Tim Kaine and Mark Warner. Ask Tim Kaine if he took a free $18,000 vacation from a benefactor and then reappointed that gift-giver to a prestigious state position. “Senator Kaine, was your action a quid pro quo for the gift?”

      Kaine would say “no” the donor was fully qualified for the appointment.

      So, what was McDonnell’s quid pro quo? Asking Hazel to meet with the head of a Virginia nutritional supplement company? Aren’t Virginia governors supposed to help Virginia companies?

      You need to distinguish between immoral / unethical and illegal. The political worthies in Richmond have legalized lots of immoral and unethical behavior on the behalf of state politicians.

      My prediction:

      Maureen – not guilty on all counts
      Bob – guilty of failing to properly disclose the loan, not guilty on all other counts

      If I’m on the jury a quid pro quo is only a quid pro quo if it’s something out of the ordinary. Did McDonnell, Kaine or Warner ever help Virginia companies get access to the state government? Dominion Resources, for example? Did Dominion give gifts or make campaign contributions? Are they all guilty?

      McDonnell’s defense will put the system on trial.

      When almost nothing is illegal it’s hard to break the law.

      1. you did not have Kaine or Warner – selling their stocks, at a loss, right before they had to disclose them then re-buying them after.

        tell me there is no difference.. with a straight face.

        The gifts and the plum appointments are odious – I agree but
        the “theory” is Virginia is that you disclose your dealings and let voters
        decide if they like it or not.

        when your primary ethics law is disclosure and you are not disclosing – and the others did disclose – then I think you’re messed up ..

        If you can show where Kaine and Warner did not disclose – then you have a case.

        otherwise you’re blowing something foul smelling.

        People who use conservative good judgement – don”t do what the McDonnells did with their financial affairs, co-mingle it with the office of the GOv – and try to hide it then are dumb enough to go to trial knowing full well it’s all going to come out – and establish a bogus “Maureen did it” defense.

        1. “you did not have Kaine or Warner – selling their stocks, at a loss, right before they had to disclose them then re-buying them after.”

          As far as I know this is legal.

          1. oh, it’s legal okay …

        2. “People who use conservative good judgement – don”t do what the McDonnells did with their financial affairs …”

          Good judgement has nothing to do with legal vs illegal. At least not in Virginia.

          It doesn’t show very good judgement to take a gift of an $18,000 vacation from a man and the appoint that man to a prestigious state position. However, that is also legal.

      2. re: ” If I were the McDonnell defense team I’d call Tim Kaine and Mark Warner. Ask Tim Kaine if he took a free $18,000 vacation from a benefactor and then reappointed that gift-giver to a prestigious state position. “Senator Kaine, was your action a quid pro quo for the gift?”

        and you’d further and perhaps fatally damage your clientx by showing that Warner/Kaine faithfully followed the law by disclosing their gifts and Bob and Maureen did everything they could to evade the law – even to the point of selling stock prior to the required disclosure data and then buying it back after the required disclosures were made.

        testimony today – shows that Bob and his sister Maureen were up to their financial necks in two Va Beach homes worth more than a million dollars that had gone belly up – at the same time Williams was traipsing through the Gov mansion writing checks request.

        You don’t need someone to draw a quid-pro-quo to show that McDonnell was desperate for money and Williams was more than happy to help – and McDonnell more than willing – to violate the minimal disclosure laws.

        The “Warner-Kaine did it “too” defense would, be high risk – but consistent with the current predilection towards “bet-the-farm” tactics of the McDonnells and their defense team.

        Hopefully they have one or more ace in the holes that is going to rescue them right before they drift into a Thelma & Louise replay.

        surely by now you should be getting a “bad feeling”…

        1. Everyone has a “bad feeling” about the McDonnells’ activities. The question is whether that “bad feeling” rises to the level of breaking the admittedly inadequate law. In the United States, you can’t convict someone of breaking a law that that should exist but doesn’t. There are only two places where people do that — Larry World and Stalinist Russia.

          1. re: “Larry’s World”

            I thought I’ve made it very clear – it does not matter if they escape conviction.

            that’s totally a technically issue that won’t change the fact that we know they engaged in really odious behavior that fails the smell test for decent behavior.

            Jim is “waiting” for more “evidence”? for what?

            is more evidence going to change anything?

            please provide a scenario that shows how that can happen – how more evidence will rehabilitate their public image.

            I do not think my “thinking” on this is unique to me … this is like finding a bad smell in your house and trying to find out if it is coming from a dead mouse or rat.. not how they died.

  4. Richard Avatar

    Sort of sad.
    The economy is unreal these days. Just got back from Corolla NC and there are hundreds of $1-2 million dollar beach houses lining the beach from Duck to Corolla. Where does all the money come from? Are there that many people making $500K a year?

    The McDonnells got caught up in a lifestyle that they couldn’t afford but thought they deserved and that they thought they could swing if they could just get by for a little longer. And they might have been right if they could have held out until 2014, when the governor could have stepped into a high paying legal/lobbying position (and sold his influence legally and without recrimination – but that’s another issue). They did what they did to try to hold on a bit longer, to continue the illusion that they were wealthy – they could have asked friends or political allies for help, but apparently thought this approach would be less embarrassing.

    [I wonder how many of those owning those beach houses are just trying to get by for a little bit longer.]

    1. where do they come from? Government subsidies!

      1. – mortgage deductions subsidizes for more than one primary residence

      2. real estate tax subsidies for more than one primary residence

      3. subsidized flood insurance

      4. army corp beach replenishment programs

      5. – DOT road and bridge rebuilds when destroyed by storms

      Have not heard one self-proclaimed GOP conservative advocate getting rid of the subsidies even as they want to get rid of “entitlements”.

      1. “Have not heard one self-proclaimed GOP conservative advocate getting rid of the subsidies even as they want to get rid of “entitlements”.”

        Do you read ANYTHING Jim Bacon writes?

        Perhaps you are referring to GOP politicians only?

        Also, the mortgage subsidy for more than the primary residence is pretty illusory. If you can afford a $2M home on the beach in the Outer Banks what is your primary residence worth? $4M? Anybody with so much as a kindergarten education would borrow the entire $1.1M allowed under the deduction against their primary residence if the secondary residence wasn’t eligible.

        1. re: ” “Have not heard one self-proclaimed GOP conservative advocate getting rid of the subsidies even as they want to get rid of “entitlements”.”

          Do you read ANYTHING Jim Bacon writes?”

          every day

          “Perhaps you are referring to GOP politicians only?”

          correct.. anyone can do what Jim Bacon does – claim to be a Conservative and suggest “ideas” – that are, for the most part, nothing like what the voting GOP (that Jim supports) actually votes.

          “Also, the mortgage subsidy for more than the primary residence is pretty illusory. If you can afford a $2M home on the beach in the Outer Banks what is your primary residence worth? $4M? Anybody with so much as a kindergarten education would borrow the entire $1.1M allowed under the deduction against their primary residence if the secondary residence wasn’t eligible.”

          it’s the amount of interest and taxes that is deductible regardless of how it is bundled. Why should ANYONE get MORE than one median-priced home deduction on interest or taxes?

          most other deductions are limited and should be. what are home interests and taxes not?

          even folks with high health care costs are limited – to the point where they can’t even claim deductions. Ditto with charitable deductions… why are homes not also?

          the only people who can truly beat the standard deduction with itemized are those who have big expensive homes or multiple homes.

          Take away those deductions or limit them to one median priced home – and a great swath of folks who itemize – could no longer.

          that’s a loop-hole for those who can afford more than one home.

          1. You were doing so well until you went back to the “more than one home” argument.

            If Richie Rich owns a $2M home in the Outer Banks and a $3M home in Bethesda Richie might owe $700K on the outer banks home and $500K on the Bethesda home. He’s over the $1.1M max. So, he deducts the interest on $1.1M. If the deduction on the second home is eliminated he’ll take out an additional $600K loan on the Bethesda house and pay down the outer banks house to $100K. He still can deduct the interest on the $1.1M loan.

            If you want to limit that deduction the best approach would be to allow the deduction of no more than the average house sale price in the MSA of the primary residence in the year before the purchase of that residence. Or some fraction or multiple of that average sales price.

          2. re: ” If you want to limit that deduction the best approach would be to allow the deduction of no more than the average house sale price in the MSA of the primary residence in the year before the purchase of that residence. Or some fraction or multiple of that average sales price.”

            yes , exactly.

            people who do not own a home or do but don’t owe a mortgage do not usually itemize… real estate taxes and sales/income and charity do not beat the standard deduction.

  5. Could anyone tell me how much did the luncheon on Aug. 11 actually cost the taxpayers? I know that Hazel refused to pay for the additional guest that were added last minute but don’t believe I have ever seen a dollar amount of the actual billing of that luncheon.

    I also don’t understand why other matters have not been brought into this case. Some examples; Daughter and friends staying in Sandbridge for a party weekend, his daughter paid for things such as tanning lotion, flea and tick medication for the dog on the taxpayer dime (I know, really nothing but if they were charging things like this on regular basis?)

    I had read an article some time ago that also pointed out that Gov. McDonnell had made a trip to China at taxpayer expense, I believe that article referred to some sort of Virginia wine and a deal with China? Shortly after that trip, the Governor and 100 of his closest friends were treated to an all out party weekend at the winery, which included food, beverage and entertainment but the bill submitted for the records was just under 4 grand? It doesn’t take a rocket scientist to know that one night of bar expenses alone could amount to that, not an entire weekend, so why have we not heard anything about this winery? Also, the Redskins were paid ten million dollars in taxpayer money to keep their training camp in Richmond, when in fact the owner of the team had never indicated that he was going to be moving them in the first place, but the Governor, for that money got a catered box for his use or any of his friends for the season?

    Today they shed light on the Mayor of Virginia Beach acting as the banker and not reporting as he should have legally about the monies and parties involved? Knowing that the city of VB AG retired late 2013 and is serving on council team for McDonnell, given the fact that McDonnell was dropped like a hot potato by Romney for reasons unknown at the time. One may be inclined to believe that it was known back then there were issues. Combine that with the fact that Romney has contributed to the McDonnell defense fund. The timing of all of this, the involvement of the Mayor of VB and the fact that the AG of VB retired when he did, leads to more questions.

    There has got to be so much more to this than we even know, these are just the very miniscule things that we have heard about. A Christian family values guy that if we are to believe him today, lied the entire time he was in office about being happily married and then what we do know is deplorable, so we are supposed to believe him now … he’s supposed to be telling the truth now, suddenly he doesn’t lie? What about the photos, text, the children and their involvement? I’d really like to know how much more there is to this story that we haven’t even heard. I would also like to know about other companies or individuals that were also involved in same type of business dealings with the Governor and I would also like to know exactly how much money the taxpayers of Virginia are on the hook for. I know the defense is over $800,000, what about that luncheon? Ken Cuccinelli cost the taxpayers somewhere in the neighborhood of upper 6 digits or more with his witch hunt into global warming lawsuit, against a professor at a public school so we got to see that money going for both P/D. It seems to be so corrupt from the ground up, that we are never going to know but just this glimpse of a very little slice of how bad it really allegedly is! The arrogance of our elected officials … astounding.

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